Dan Dow Assistant District Attorney District Attorney Jerret S. Gran County of San Luis Obispo Chief Deputy District*

The District Attorney should coordinate the development of uniform written policies and procedures for local law enforcement agencies to make requests of the court for appropriate bail increases. The respondent partially agrees with this recommendation. The District Attorney has already provided this role to the extent appropriate. The District Attorney's office has already provided all local law enforcement agencies with training on the subject matter and the use of the bail enhancement templates. The responsibility for providing written departmental policies lies squarely with each law enforcement agency. The District Attorney's Office is available for consultation should any local law enforcement agency seek its assistance. Additionally, the San Luis Obispo County Criminal Justice Administrators Association meets monthly to discuss matters of importance including the need for county-wide protocols or policies. DAN DOW DISTRICT ATTORNEY COUNTY OF SAN LUIS OBISPO Re. Grand Jury 2016 Report- Keeping Suspects in Custody: When is Scheduled Bail Not Enough? 2. The District Attorney should coordinate formal training programs for the local law enforcement agencies in the process for obtaining bail increases. The respondent disagrees with this recommendation because the District Attorney has already fulfilled this role to the extent appropriate. Training is the individual responsibility of each law enforcement agency (see discussion above). Further, the process of seeking a bail increase is quite simple. The District Attorney's training memorandum has been provided to each local law enforcement agency along with a form template for assistance in preparation of the necessary documents. Further, if an officer requires assistance, he or she may contact a member of the District Attorney's office who is available "24/7" for consultation. It is the responsibility of each department to require and provide for the ongoing training of its officers. As stated in response to Recommendation 1, the District Attorney's Office is available for consultation should any local law enforcement agency seek its assistance.

For a felony arrest, consider adding applicable enhancements. A great bodily injury enhancement, PC 12022.7, adds $30,000 bail. The enhancement for a principal being armed with a firearm, PC 12022(a)(1), adds $15,000. Personal use of a deadly weapon, PC 12022(b), adds $20,000. The enhancement for committing a felony while released on another felony, PC 12022.1, adds $25,000 bail. There are enhancements relating to discharge of firearms, taking or damaging property of great value, and causing great bodily injury to special victims. See pages 29-30 of the SLO County Bail Schedule.

Local law enforcement agencies should work with the District Attorney in the development of the above policies and programs within the resources of their respective departments. The District Attorney remains available for consultation in the development of policies and procedures relative to bail increases, however the District Attorney cannot, and should not, dictate policy and procedure for any independent law enforcement agency. Very Respectfully, Dan Dow Dan Dow District Attorney OFFICE OF THE DISTRICT ATTORNEY County of San Luis Obispo MEMORANDUM TO: San Luis Obispo County Law Enforcement Agencies FROM: Sandy Mitchell, Training DDA (781-5858) DATE: November 20, 2015 RE: Setting Bail at Booking The charges listed on the Booking Sheet determine the initial bail amount. In order to ensure appropriate bail is set, please consider the following: 1. For a felony arrest, check the CII history for prior prison terms and/or prior "strikes". A prior prison term under PC 667.5(b) adds $10,000 bail. A serious or violent felony prior, PC 667(e)(1), adds $50,000 bail; two or more serious or violent felony priors, PC 667(e)(2,) adds $250,000. There are numerous priors which apply to sex offenses. See pages 56-57 of the SLO County Bail Schedule.

The processes are in place for San Luis Obispo County law enforcement officers to readily prepare requests for bail increases and submit the requests to a judge for approval. The respondent agrees with this finding. The respondent is aware that these processes are used routinely by law enforcement officers throughout the County on a case by case basis, as is deemed necessary by the investigating officer(s). Further, the bail increase process is often considered by investigating officers in serious felony cases involving domestic violence, sexual assault, child abuse, murder, gang crimes, and financial crimes.

San Luis Obispo County Superior Court has advised local law enforcement agencies to be mindful of this tool when considering bail. The respondent is aware of the bail schedule published by the San Luis Obispo County Superior Court and the cover letter that advises local law enforcement: "[p]revailing legislation places the burden on law enforcement agencies to notify the magistrate if the scheduled bail is not adequate for the crime. It is recommended that each agency make their personnel cognizant of Penal Code Sections 1269c and 1270.1 as certain provisions may apply if bail modification occurs." DAN DOW DISTRICT ATTORNEY COUNTY OF SAN LUIS OBISPO Re. Grand Jury 2016 Report- Keeping Suspects in Custody: When is Scheduled Bail Not Enough? 6. The few crimes handled by San Luis Obispo County law enforcement officers warranting a bail enhancement increases the importance of ongoing training in this area to maintain knowledge and proficiency. The respondent agrees with this finding. Training is critical for every professional law enforcement agency. Ongoing and continuous professional training is the responsibility of each local law enforcement agency. The respondent is aware that the Sheriff's Office does provide training regarding bail enhancement procedures to Sheriff Deputies as a part of its regular training program.

The District Attorney is in the best position to coordinate and lead an effort to ensure that each law enforcement agency in the county provides training to its personnel on bail enhancement tools. The respondent disagrees with this finding. As stated on of the Grand Jury Report, the District Attorney has made, and will continue to make, information and resources available to local law enforcement agencies with respect to procedures for seeking bail enhancements in appropriate cases. See for example, Attachment A - a Memorandum to San Luis Obispo County Law Enforcement Agencies re: Setting Bail at Booking, dated 11/20/15 (1 page); Attachment B - CJIS LEA Templates List (2 pages), Item #4 Bail Increase Request & Declaration & Order (Word templates accessible to all law enforcement officers); and Attachment C - Word document template entitled "Request for Bail in Excess of Felony Bail Schedule and Declaration of < >" (3 pages). However, the District Attorney is not in a position to ensure that every law enforcement officer in every agency receives the available training and information. This must necessarily be the responsibility of each respective agency.